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NY K80982

December 14, 2004

CLA-2-53:RR:NC:TA:352 K80982


TARIFF NO.: 5311.00.4020

Ms. Maria Necci
Maria Necci Customs Broker, Inc.
Cargo Building #80, Room #226
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of a dyed plain woven fabric made from natural bamboo fiber and wearing apparel made of natural bamboo fiber from China.

Dear Ms. Necci:

In your letter dated October 4, 2003, on behalf of your client Nu-Tek, Inc., you requested a tariff classification ruling.

A sample of woven fabric accompanied your request. Laboratory analysis of this product indicates that it is a dyed plain woven fabric composed of 100% natural bamboo fiber. It contains 23.6 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. Weighing approximately 130 g/m2, this fabric will be imported in 147 centimeter widths.

The applicable subheading for the plain woven fabric will be 5311.00.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of other vegetable textile fibers, woven fabric of paper yarn, of vegetable textile fibers, other, other, other. The duty rate will be free.

Your inquiry does not provide enough information for us to give a classification ruling on wearing apparel made from bamboo fiber. Your request for a classification ruling should include a sample of the apparel identified by style name and number. In addition, you must provide the fiber content of each garment. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 646-733-3045.


Robert B. Swierupski

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